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HomeMy WebLinkAbout05. Adopt revisions to BP No. 026 - Legislative Advocacy Page 1 of 5 Item 5. CENTRAL SAN CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: JULY 19, 2018 SUBJECT: ADOPT PROPOSED REVISIONS TO BOARD POLICY NO. BP 026 - LEGISLATIVEADVOCACY SUBMITTED BY: INITIATING DEPARTMENT: KATIE YOUNG, SECRETARY OF THE SECRETARYOF THE DISTRICT DISTRICT Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE Board approval is required for revisions to Board Policies. Revisions are proposed for Board Policy No. BP 026 - Legislative Advocacy. BACKGROUND All Board Policies are reviewed by staff at least every two years, after which they are brought before a Board Committee for review. If no changes are recommended either by staff or the Committee, Board Policies are returned to the queue for review in another two years. However, if revisions are recommended, Board Policies are brought to the full Board for consideration. In this case, staff has recommended a couple of changes to B P 026 - Legislative Advocacy, and the Administration Committee has concurred. The proposed changes reflect the current review process for taking a position on legislation. July 19, 2018 Regular Board Meeting Agenda Packet- Page 22 of 111 Page 2 of 5 A strikeout version of the policy indicating the proposed revisions to the existing policy is attached. ALTERNATIVES/CONSIDERATIONS The Board may provide other direction to staff. FINANCIAL IMPACTS None. COMMITTEE RECOMMENDATION The Administration Committee reviewed the proposed changes to BP 026 at its meeting on July 10, 2018 and recommended Board adoption. RECOMMENDED BOARD ACTION Adopt proposed changes to Board Policy No. BP 026 - Legislative Advocacy. Strategic Plan re-In GOAL TWO: Strive to Meet Regulatory Requirements Strategy 3- Comply with all federal, state, and local regulations related to District administration ATTACHMENTS: 1. Proposed BP 026 - Legislative Advocacy (in strikeout) July 19, 2018 Regular Board Meeting Agenda Packet- Page 23 of 111 Page 3 of 5 Number: BP 026 Related Admin. Procedure AP XXX Authority: Board of Directors Effective: July 21, 2016 CENTRALSAN Revised: Reviewed: CENTRALSAMORG Initiating Dept./Div.: Administration/Communications BOARD POLICY LEGISLATIVE ADVOCACY PURPOSE To establish a process for the District to take a position on legislation when appropriate. POLICY It is the policy of the District to take positions on proposed legislation when appropriate, and that the District's position on legislation shall be developed in accordance with the process set forth below. PROCESS In furtherance of the above policy, the following process shall be followed in determining when and how the District will take a position on legislation: 1. The General Manager and District Counsel shall develep a preGess to review pending legislation and assess its applicability to the District. This review process will rely on staff and the District's numerous membership analyses including, but not limited to the: California Association of Sanitation Agencies, National Association of Clean Water Agencies, Association of California Water Agencies, WateReuse, California Special Districts Association, American Water Works Association, Water Environment Federation, East Bay Leadership Council, California Local Agency Formation Commissions, California State Association of Counties, League of California Cities, and State/local chambers ("Member Organizations"). The District may also use other resources, as appropriate, in making the assessment. 2. The assessment shall characterize legislation as: • Having direct impact on the District's mission • Being of general interest or indirect impact to the District's mission, or • Having no interest or applicability to the District's mission July 19, 2018 Regular Board Meeting Agenda Packet- Page 24 of 111 Page 4 of 5 Number: BP 026 LEGISLATIVE ADVOCACY Page 2 of 3 Direct Impact on the District's Mission If legislation is deemed to have a direct impact on the District's mission and is considered policy: A. The General Manager shall present the legislation to the Board. The action may include a recommendation from the General Manager for the position to be taken by the District. This recommendation may or may not align with the position taken by Member Organization(s). B. The District's Board of Directors, in consideration of the General Manager's input, shall determine the position to be taken by the District. General Interest to the District If legislation is deemed to be of general interest and applicability to the District, and/or a position has been taken on the legislation by one of the Member Organizations and that Member Organization requests that the District take action advocating its position, the General Manager will take a position consistent with the best interest of the District. If the General Manager does so, a summary of the actions taken and any correspondence sent in support of positions taken by t he Member Organization, shall be communicated to the Board of Directors as soon as practicable. Having No Interest or Applicability to the District If legislation is deemed to have no interest or applicability to the District, no action will be taken by the General Manager. When Time-Sensitive Action is Necessary If the General Manager determines that it is critical for the District to take a position on legislation and there is insufficient time to follow the process outlined above, the General Manager is authorized to take a position on behalf of the District that is in the best interests of the District, and notify the Board as soon as practicable following the decision. The General Manager will keep each Board member informed throughout the process. July 19, 2018 Regular Board Meeting Agenda Packet- Page 25 of 111 Page 5 of 5 Number: BP 026 LEGISLATIVE ADVOCACY Page 3 of 3 3. If the District takes a position on legislation, it shall be one of the following positions: A. Support: The legislation, if passed, will have a direct and positive effect on the District. B. Support if Amended: The legislation, if amended to address specific shortcomings identified by the District, will have a direct and positive effect on the District. C. Watch The legislation will be monitored as it progresses through the legislative process, but no action will be taken at this time. Action may be taken at a later date. D. Neutral: The legislation neither has a positive effect nor detrimental effect on the District. The District shall identify its position as neutral, if asked. E. Oppose Unless Amended: The legislation, unless amended to address specific shortcomings identified by the District, will have a direct and detrimental effect on the District. F. Oppose: The legislation, if passed, will have a direct and detrimental effect on the District. 4. The General Manager will express a position other than neutral by one or more of the following ways: letter, email, in-person, telephone communications, and/or similar efforts in support of the District's taken position. 5. At the end of each legislative session, the General Manager will produce a summary report on key legislation relevant to the District. [Original Retained by the Secretary of the District] July 19, 2018 Regular Board Meeting Agenda Packet- Page 26 of 111